Board of Commissioners Meetings

A Regular May 26, 2015 A regular meeting of the Board of Commissioners of the City of Henderson, Kentucky, was held on Tuesday, May 26, 2015, at 5:30 p.m., prevailing time, in the third floor Assembly Room located in the Municipal Center Building at 222 First Street, Henderson, Kentucky. INVOCATION was given by Pastor Wayne Burt, Bennett Memorial United Methodist Church, followed by Mayor Austin leading the assemblage in recitation of the Pledge of Allegiance to our American Flag. There were present Mayor Steve Austin presiding: PRESENT: Commissioner Jan Hite Commissioner X R. Royster, III Commissioner Robert M. (Robby) Mills Commissioner Jesse Johnston, IV ALSO PRESENT: Mr. Russell R. Sights, City Manager Mr. William L. Newman, Jr., Assistant City Manager Mrs. Dawn Kelsey, City Attorney Ms. Carolyn Williams, City Clerk Mrs. Connie Galloway, Human Resources Director Mr. Robert Gunter, Finance Director Mr. Terry Stone, Municipal Facilities Supervisor Mr. Trace Stevens, Parks & Recreation Director Mr. Danny Froehlich, Fire Chief Mr. Leason Neel, HWU Chief Financial Officer Mr. Tom Williams, HWU General Manager Mr. Paul Bird, HWU Board Chairman Mr. Brian Bishop, GIS Analyst, City-County Planning Mr. John Coomes Mr. Brad Schneider, CEO Kyndle Mr. Roy Pullam Mr. Sam Ball Mr. Tim Mahone, Director of Emergency Medical Services Mr. Bruce Farmer, Coroner Mr. Greg Bland, Lead Paramedic Ms. Lisa Hodson, EMT Ms. Janet Culver, Paramedic Mr. Jacob Golday, Boy Scout Troop #301 Mr. Mike Richardson, Police Reserve Officer Mr. Frank Boyett, The Gleaner __________________________ PROCLAMATION: “Sam Ball – Living Legend and Golf Scramble Chairman Day” MAYOR AUSTIN proclaimed June 1, 2015, as “Sam Ball Day” in Henderson and “we salute him for his accomplishments and thank him for his continued efforts to help make out community the best it can be. __________________________ MAYOR AUSTIN presented Certifications of Appreciation to Henderson County Ambulance Service Employees involved in rescue of infant from lake. Included are Mr. Greg Bland, Lead Paramedic, Ms. Lisa Hodson, EMT, and Janet Culver, Paramedic.  A Regular May 26, 2015 APPROVAL OF CONSENT AGENDA:: MAYOR AUSTIN asked the City Clerk to read the items on the Consent Agenda. Minutes: May 12, 2015, Regular Meeting May 19, 2015, Called Work Session Resolution No. 53-15: RESOLUTION APPROVING MUNICIPAL AID COOPERATIVE AGREEMENT WITH THE KENTUCKY TRANSPORTATION CABINET FOR MAINTENANCE AND CONSTRUCTION OF CITY STREETS IN FISCAL YEAR 2015-2016 MOTION by Commissioner Royster, seconded by Commissioner Mills, to approve the items on the Consent Agenda. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: _____________________________ ORDINANCE NO. 10-15: SECOND READING ORDINANCE ACCEPTING PUBLIC RIGHT-OF-WAY DEDICATION AND PUBLIC IMPROVEMENTS IN WOODRING FRYER SUBDIVISION, CONSISTING OF THE FRANKLIN AVENUE STREET EXTENSION MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the ordinance accepting public right-of-way dedication and public improvements for the extension on Franklin Avenue. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature, and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor May 26, 2015 ATTEST: Carolyn Williams, City Clerk _______________________________ ORDINANCE NO. 11-15: SECOND READING ORDINANCE ADOPTING UPDATED GOALS AND OBJECTIVES OF THE HENDERSON-HENDERSON COUNTY COMPREHENSIVE PLAN  A Regular May 26, 2015 MOTION by Commissioner Mills, seconded by Commissioner Johnston IV, to adopt the ordinance amending the Henderson City-County Comprehensive Plan with the adoption of revised Goals and Objectives. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature, and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor May 26, 2015 ATTEST: Carolyn Williams, City Clerk _________________________ ORDINANCE NO. 12-15 : SECOND READING ORDINANCE AMENDING BUDGET AND APPROPRIATION ORDINANCE SUMMERY: ORDINANCE FOR THE FISCAL YEAR COMMENDING JULY 1, 2014 AND ENDING JUNE 30, 2015, FOR THE CITY OF HENDERSON MOTION by Commissioner Royster, seconded by Commissioner Hite, to adopt the ordinance amending the Budget and Appropriation Ordinance for the fiscal year ending June 30, 2015. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted, affixed his signature, and the date thereto and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor May 26, 2015 ATTEST: Carolyn Williams, City Clerk ______________________________ ORDINANCE NO. 13-15: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN GRAY STONE SUBDIVISION – SECTION 5-A AND 5-B, CONSISTING OF STREETS, CURBS AND GUTTERS  A Regular May 26, 2015 MOTION by Commissioner Mills, seconded by Commissioner Hite, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the a Board of Commissioners. _________________________________ ORDINANCE NO. 14-15: FIRST READING ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN STERLING CREEK SUBDIVISION, CONSISTING OF STREETS, CURBS, GUTTERS AND SIDEWALKS MOTION by Commissioner Mills, seconded by Commissioner Royster, that the Ordinance be adopted. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the a Board of Commissioners. _________________________________ ORDINANCE NO. 15-15: FIRST READING ORDINANCE ADOPTING HENDERSON WATER UTILITY BUDGET ORDINANCE ADOPTING BUDGET AND APPROPRIATION ORDINANCE FOR THE FISCAL YEAR COMMENDING JULY 1, 2015, AND ENDING JUNE 30, 2016, FOR HENDERSON WATER UTILITY OF THE CITY OF HENDERSON, KENTUCKY MOTION by Commissioner Mills, seconded by Commissioner Johnston, that the Ordinance be adopted.  A Regular May 26, 2015 The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the a Board of Commissioners. _________________________________ ORDINANCE NO. 16-15: FIRST READING ORDINANCE AUTHORIZING AND DIRECTING THE REBATE OF ONE PERCENT (1%) OF THE WAGES, SALARIES OR OTHER COMPENSATION PAID BY DANA COMMERCIAL MANUFACTURING, LLC, IMPOSED AND LEVIED AS OCCUPATIONAL LICENSE FEES DUE AND PAYABLE TO THE CITY OF HENDERSON, KENTUCKY, BY ORDINANCE, FROM THE SALARIES, WAGES AND OTHER COMPENSATION TO BE PAID TO NEW EMPLOYEES HIRED OVER THE BASELINE BY DANA COMMERCIAL MANUFACTURING, LLC, PROVIDED SAID COMPANY MEETS THE CRITERIA SET FORTH IN ITS APPLICATION FOR INCENTIVES UNDER THE KENTUCKY BUSINESS INVESTMENT PROGRAM MOTION by Commissioner Mills, seconded by Commissioner Royster, that the Ordinance be adopted. MR. BRAD SCHNEIDER, KYNDLE CEO, explained the details of this program. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAKE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the a Board of Commissioners. _________________________________ ORDINANCE NO. 17-15: FIRST READING ORDINANCE AMENDING EMPLOYEE MANUAL REGARDING INFORMATION AND COMMUNICATIONS MANAGEMENT POLICY ORDINANCE AMENDING ARTICLE 320-INFORMATION AND COMMUNICATIONS MANAGEMENT POLICY, OF THE EMPLOYEE MANUAL OF THE CITY OF HENDERSON MOTION by Commissioner Hite, seconded by Commissioner Royster, that the Ordinance be adopted.  A Regular May 26, 2015 MR. RUSSELL R. SIGHTS, CITY MANAGER, stated that “we have gone through an extensive analysis of our existing policies as it relates to new state legislation on cyber activities, etc. One of the things that came out of the analysis was that we needed to change Article 320 (f) to include the same wording as Article 330 of our Employee Manual.” Mrs. Connie Galloway, Human Resources Director, said that our insurance carrier recommended updating Article 320-Information and Communications Management Policy in the City of Henderson Employee Manual to include the same wording from Article 330-Social Media Policy. DISCUSSION WAS HELD. VERBATIM DISCUSSION IS ON TAKE OF THIS MEETING. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ----------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the Ordinance adopted on its first reading and ordered that it be presented for a second reading at a meeting of the a Board of Commissioners. _________________________________ RESOLUTION NO. 54-15 RESOLUTION AUTHORIZING ACCEPTANCE BY CITY OF DONATION OF APPROXIMATELY 1.42 ACRES OF REAL PROPERTY, BEING A PORTION OF THE NEW LOT 3-A, SECTION 2, OF THE DANNLIN INDUSTRIAL DEVELOPMENT LOCATED ON BORAX DRIVE FROM DANNLIN, LLC MOTION by Commissioner Hite, seconded by Commissioner Johnston, to adopt the resolution authorizing the acceptance of a donation of a parcel of land containing approximately 1.42 acres, being a portion of Lot 3-A of Section 2 of the Dannlin Industrial Development The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: May 26, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 55-15 RESOLUTION AUTHORIZING DONATION BY THE CITY OF SURPLUS PLAYGROUND EQUIPMENT TO HENDERSON COUNTY FISCAL COURT MOTION by Commissioner Hite, seconded by Commissioner Johnston, to adopt the resolution authorizing the donation of playground equipment located at the Henderson Pee Wee  A Regular May 26, 2015 PCM Association (PCMA) ball fields, 125 Lincoln Avenue, to the Henderson County Fiscal Court. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: May 26, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 58-15 RESOLUTION ACCEPTING AND APPROVING SURETY BOND IN THE AMOUNT OF $1,000.00 (ONE THOUSAND) FROM CASH EXPRESS, LLC, TO OPERATE A PAWN SHOP LOCATED AT 2 NORTH GREEN STREET, HENDERSON, KY MOTION by Commissioner Mills, seconded by Commissioner Royster, to adopt the resolution accepting and approving a Surety Bond in the amount of $1,000 from Cash Express, LLC, to operate a pawn shop located at 2 North Green Street, Henderson, Kentucky. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: May 26, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 56-15 RESOLUTION APPROVING ADDENDUM #1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HENDERSON AND BENEFIT INSURANCE MARKETING (BIM) MOTION by Commissioner Hite, seconded by Commissioner Royster, to adopt the resolution approving Addendum #1 to the Benefit Insurance Marketing (BIM) Contract Agreement for health insurance broker services. Mrs. Galloway explained that Benefit Insurance Marketing is offering additional services to the City and employees by providing enrollment and communication support for all employee benefits at no additional cost to the City by outsourcing these benefits through Star Robbins Company. Mr. Sights added that this was for the benefit for our employees and he also liked the idea that Star Robbins does not have an incentive to sell anything to make a commission. They are being paid under contract to help employees to make the best decisions.  A Regular May 26, 2015 The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: May 26, 2015 Carolyn Williams, City Clerk ______________________________ RESOLUTION NO. 57-15 RESOLUTION AWARDING BID FOR THE PURCHASE OF TWO HUNDRED FIFTY (250) TONS OF ROAD SALT FOR THE 2015-2016 WINTER FROM COMPASS MINERALS AMERICA INC., OVERLAND PARK, KANSAS, IN THE AMOUNT OF $86.00 PER TON MOTION by Commissioner Hite, seconded by Commissioner Johnston, to adopt the resolution approving the purchase of road salt for use during the upcoming 2015-2016 winter from Compass Minerals America Inc. MR. PAUL TITZER, ASSISTANT FINANCE DIRECTOR, explained how “reverse auction” worked. The City elected to participate (solicit bids) for 250 tons of road salt. Compass Minerals was the low bid for the City of Henderson at $86/ton delivered. This compares favorably with the $99.41 per ton price last year. This will bring our current inventory in excess of a 400 ton supply for next winter. The vote was called. On roll call, the vote stood: Commissioner Royster --------------- Aye: Commissioner Mills ------------------ Aye: Commissioner Johnston -------------- Aye: Commissioner Hite ------------------- Aye: Mayor Austin ------------------------- Aye: WHEREUPON Mayor Austin declared the resolution adopted, affixed his signature and the date thereto, and ordered that the same be recorded. /s/ Steve Austin Steve Austin, Mayor ATTEST: May 26, 2015 Carolyn Williams, City Clerk ______________________________ CITY MANAGER’S REPORT: MR. SIGHTS asked Mr. Newman and Mr. Stone to give a report regarding the riverfront fountain. Mr. Newman stated that all of the underground plumbing is “shot.” This fountain is 12 years old and the piping that was used, in his opinion, was not the proper type of piping needed. There is nothing short of starting all over. Mr. Stone agreed that we have been dealing with this for the last couple of years. Mayor Austin suggested that maybe one option would be to look at something above ground and low volume. Many new types of fountains are available today.  A Regular May 26, 2015 Mr. Sights suggested that advertising proposals to interested contractors and make it clear that no price would be negotiated until the end. Let them tell us what needs to be done. Commissioner Hite asked maybe a smaller design to considered. Maybe we should visit some other cities. Commissioner Mills suggested that a ad hoc committee might be beneficial. Mr. Sights recommended that staff be allowed to look at different solutions and alternatives and present a new report to the Board at the June 16 work session. _____________________________ COMMISSIONER’S REPORTS: COMMISSIONER HITE asked the Boy Scout in the audience come up to introduce himself. MR. JACOB GOLDAY, of Troop #301 said that he was working on his communications merit badge. He is close to earning his Eagle designation. MAYOR AUSTIN stated “we had a tremendous Memorial Service on Monday and I also attended the 175th anniversary of the First Missionary Baptist Church on Sunday. MEETING ADJOURN: MOTION by Commissioner Hite, seconded by Commissioner Mills. WITHOUT OBJECTION, the Meeting adjourned at approximately 7 p.m. _______________________ Steve Austin, Mayor ATTEST: June 9, 2015. ___________________________ Carolyn Williams, City Clerk